EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO 90
ISSUED BY THE AUTHORITY OF THE MINISTER FOR FINANCE
SUBJECT: SUPERANNUATION ACT 1976 - SUPERANNUATION (TRANSFER ARRANGEMENTS) REGULATIONS (AMENDMENT)
Section 168 of the Superannuation Act 1976 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters which the Act requires or permits to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to the Act.
The Act makes provision for and in relation to an occupational superannuation scheme for persons employed by the Commonwealth, and for certain other persons.
Sub-section 126(2) of the Act provides that the regulations may make provision for modifying the Act, or a provision of the Act specified in the regulations, in the application of the Act or that provision to and in relation to a contributor under the Act who, at any time before he became a contributor, was a member of a superannuation scheme, or to and in relation to such a class of contributors. Sub-section 126(3) provides that the modifications may include, but are not limited to, modifications providing for the payment of contributions and benefits in addition to, or in substitution for, those provided under the Act.
Sub-section 168(3) of the Act provides that regulations made after 31 December 1978 by virtue of sub-section 126(2) may be expressed to have taken effect from and including a day not earlier than 12 months before the making of the regulations.
Regulations made by virtue of sub-section 126(2) are contained in the Superannuation (Transfer Arrangements) Regulations.
The Regulations amend the Superannuation (Transfer Arrangements) Regulations by inserting Schedule 6 to modify certain provisions of the Act in their application to Mr A.J. Bansemer who was appointed under section 42 of the Public Service Act 1922 to the position of First Assistant Secretary, Health Services Financing Division, Department of Health on and from 19 December 1985.
Mr Bansemer became a contributor under the Act on 19 December 1985 by virtue of his appointment under section 42 of the Public Service Act 1922. He had been a contributor under the South Australian State Superannuation Scheme from 24 November 1976. Following the cessation of his membership of the South Australian Scheme, he received a refund of his contributions.
It is intended that, provided Mr Bansemer pays to the Superannuation Fund the amount of his refund of contributions from the South Australian Scheme, the period from 24 November 1976 to 18 December 1985 be recognised as contributory service for the purposes of the Act.
Sections 127 and 128 of the Act provide that a person who becomes a contributor under the Act may pay to the Commissioner for Superannuation a transfer value from a superannuation scheme of which he was previously a member in exchange for a credit of a period of contributory service for the purposes of the Act. A transfer value is a lump sum benefit from the previous scheme that includes a component based on employer contributions and that was payable upon the termination of the employment to which the previous scheme related otherwise than on the ground of invalidity or physical or mental incapacity.
Section 129 of the Act enables a lump sum benefit from a previous scheme that does not form part of a transfer value to be paid into the Superannuation Fund and be treated as supplementary contributions.
Section 16 of the Act provides that a new contributor may be required to undergo a medical examination. Section 130 provides that section 16 does not apply in certain circumstances where a new contributor pays a transfer value to the Commissioner.
The Regulations modify sections 127 to 130 to provide that, if Mr Bansemer pays to the Commissioner the amount refunded to him from the South Australian State Superannuation Scheme:
• Mr Bansemer’s period of contributory service under the Act will be increased by the period from 24 November 1976 to 18 December 1985;
• the whole of the amount will be paid into the Superannuation Fund and be treated as basic contributions; and
• Mr Bansemer will not be required to undergo a medical examination.
The Regulations also omit section 129 as that section will not apply to Mr Bansemer.
The Regulations relating to Mr Bansemer operate with effect from 19 December 1985, the date from which he became a contributor under the Act.
Overview
The Superannuation (Transfer Arrangements) Regulations (Amendment) 1996 were enacted to address a specific issue regarding the transfer of superannuation benefits and service between different schemes, particularly for individuals transitioning from state-based schemes to the Commonwealth Superannuation Scheme. This amendment was introduced by the Parliament of Australia and issued under the authority of the Minister for Finance. The policy objective of these regulations is to ensure that individuals who have previously contributed to a superannuation scheme, such as the South Australian State Superannuation Scheme, can have their previous contributions and service recognised when they transition to the Commonwealth scheme. This is particularly important for individuals like Mr A.J. Bansemer, who, upon becoming a contributor to the Commonwealth scheme, may have received a refund from their previous scheme and wish to have their prior service acknowledged within the new scheme. The amendment provides a mechanism for these individuals to pay a transfer value into the Commonwealth Superannuation Fund, which will then be treated as basic contributions, thereby extending their contributory service period and exempting them from certain requirements such as medical examinations.
Scope and Application
The Superannuation (Transfer Arrangements) Regulations, as amended, apply to individuals who have been members of a superannuation scheme before becoming contributors under the Superannuation Act 1976. Specifically, these Regulations pertain to Mr A.J. Bansemer, who was appointed under the Public Service Act 1922 and had prior membership in the South Australian State Superannuation Scheme. The Regulations modify the application of certain provisions of the Act to Mr Bansemer, allowing for the recognition of his previous contributory service and the treatment of his refund from the South Australian Scheme as basic contributions without the necessity of a medical examination. The Regulations are applicable within the Commonwealth jurisdiction and are designed to provide a seamless transition for contributors with prior superannuation arrangements. Notably, these Regulations do not apply to any other individuals or entities beyond the specified case of Mr Bansemer, and they do not establish any new exclusions, exemptions, or thresholds beyond what is already defined in the Superannuation Act 1976. The Regulations take effect from the date Mr Bansemer became a contributor under the Act, which is 19 December 1985.
Key Provisions
The primary operative sections of the Superannuation (Transfer Arrangements) Regulations (Amendment) are sections 127 to 130 of the Superannuation Act 1976. These sections, as amended by the regulations, concern the transfer of superannuation benefits and the recognition of contributory service for individuals transitioning from other superannuation schemes to the Commonwealth Superannuation scheme. Specifically, these sections allow for the payment of a transfer value from a previous scheme to the Commissioner for Superannuation, which can be exchanged for a credit of contributory service under the Act. Additionally, they permit the treatment of a lump sum benefit from a previous scheme as supplementary contributions if it does not form part of a transfer value. The regulations further provide that a new contributor may be exempt from a medical examination if they pay a transfer value.
The regulations impose specific obligations and requirements on Mr A.J. Bansemer, who was appointed to the position of First Assistant Secretary, Health Services Financing Division, Department of Health on 19 December 1985. To benefit from the amendments, Mr Bansemer must pay the Commissioner for Superannuation the amount refunded to him from the South Australian State Superannuation Scheme. Upon doing so, his period of contributory service under the Commonwealth Superannuation scheme will be increased to include the period from 24 November 1976 to 18 December 1985. The whole amount paid to the Commissioner will be treated as basic contributions, and Mr Bansemer will be exempt from undergoing a medical examination.
The regulations also clarify that section 129 of the Superannuation Act, which allows for the treatment of a lump sum benefit as supplementary contributions, will not apply to Mr Bansemer. This is because his entire refunded contribution will be treated as basic contributions. There are no explicit offences, penalties, or civil/criminal consequences mentioned for failing to comply with these regulations. However, it is implicit that failure to meet the conditions set out in the regulations would mean that Mr Bansemer would not receive the intended benefits, such as the recognition of his prior contributory service and the exemption from a medical examination.